Tag: idiopathic defense

The idiopathic defense is not an easy one for employers to prevail on in New Jersey. The basic concept is that the injury is not a result of any particular work effort and could happen anywhere, such as walking along a work corridor and suddenly feeling pain in one’s knee without falling or tripping. But […]

We hear the term “idiopathic claim” quite frequently in workers’ compensation, but what does it really mean? To begin with, “idiopathic” is a combination of two Greek words: “idio” relating to “one’s own” and “pathic” suggesting suffering or disease. It has come to mean any disease or condition of unknown cause. Lawyers and practitioners have […]

The term “idiopathic defense” is widely misunderstood. Practitioners need to appreciate when the defense applies and who has the burden of proving an idiopathic defense. In New Jersey, and in most states, the burden is on the employer to prove an idiopathic defense. The word “idiopathic” comes from the Greek: “idios” meaning one’s own, and […]

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